Original Notice.

Preproposal statement of inquiry was filed as WSR 98-07-037.

Title of Rule: Chapter 388-280 WAC, United States repatriation program.

Purpose: To rewrite the rules relating to the administration of this program in Washington state to meet the standards of Executive Order 97-02.

Statutory Authority for Adoption: RCW 74.08.090.

Statute Being Implemented: Chapter 74.08 RCW.

Summary: We are clearly describing how the repatriation program is administered in the state of Washington.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Carla Gira, Program Manager, Lacey Government Center, 1009 College Street S.E., Lacey, WA 98503, (360) 413-3264.

Name of Proponent: Department of Social and Health Services, governmental.

Rule is necessary because of federal law, 45 C.F.R. 11 Part 211 and 212.

Explanation of Rule, its Purpose, and Anticipated Effects: These rules will provide information and guidelines regarding the administration of the United States repatriation program in the state of Washington.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small business.

RCW 34.05.328 applies to this rule adoption. The rule meets the definition of a "significant legislative rule" but DSHS is exempt from preparing the analysis required by this section under RCW 34.05.328 (5)(b)(vii).

Hearing Location: Lacey Government Center (behind Tokyo O'Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on September 5, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by August 29, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopekd@dshs.wa.gov.

Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by September 5, 2000.

Date of Intended Adoption: No sooner than September 6, 2000.

July 27, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

The United States Repatriation Program assists a U.S. citizen or dependent who is:

     (1) Without financial resources; and

     (2) Returned or brought back to the U.S. from a foreign country because of:

     (a) Mental illness; or

     (b) Destitution, physical illness, or a crisis such as war.

     For the purposes of this chapter, "we" and "us" means the department of social and health services.

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You apply for repatriation assistance by contacting the U.S. State Department or us.

     (1) If you contact the U.S. State Department, we consider a referral from them as an approved application.

     (2) If you contact us directly, we apply for you to the U.S. Department of Health and Human Services (HHS).

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Repatriation assistance is a loan. You, or your representative if you are mentally ill, must:

     (1) Sign a statement recognizing repatriation assistance as a loan; and

     (2) Agree to repay the funds.

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(1) You are ineligible to receive repatriate assistance if you have nonexempt:

     (a) Income, as defined by temporary assistance for needy families (TANF) equal to or greater than the TANF need standards as described in WAC 388-450-0005; or

     (b) Resources, as defined by TANF under WAC 388-470-0005 that are available to meet your resettlement needs.

     (2) We consider a resource available to you when:

     (a) The value can be determined;

     (b) It is controlled by you; and

     (c) You can use the resource to meet your needs.

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(1) If you are mentally ill, you receive temporary care until you:

     (a) Can be released to the care of a relative or state agency; or

     (b) Are discharged or granted release from hospitalization.

     (2) If you are not mentally ill, you may receive repatriation assistance up to twelve months as follows:

     (a) "Temporary assistance" meaning repatriation assistance provided during the first ninety days after you return to the United States.

     (b) "Extended assistance" meaning repatriation assistance provided for up to nine months after the end of your temporary assistance. We must have approval in advance from HHS, so you must ask us to apply for extended assistance while receiving temporary assistance and be:

     (i) Ineligible for any other assistance program; and

     (ii) Unable to support or care for yourself due to age, illness, or lack of job skills.

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(1) The HHS sets limits on how much we pay for repatriation assistance. The limits are:

     (a) The temporary assistance for needy families (TANF) payment standards under WAC 388-478-0015 for goods and services to meet basic needs;

     (b) Up to five hundred sixty dollars per person to meet resettlement costs, if necessary, and for only one month while you receive temporary assistance.

     (2) Within payment limits, repatriation assistance includes:

     (a) Travel to your place of residence, limited to:

     (i) One domestic trip at the lowest fare and using the most direct means;

     (ii) Meals and lodging while you are traveling;

     (iii) Money for incidentals; and

     (iv) If you are ill or disabled, travel expenses for an escort.

     (b) Goods and services necessary for your health and welfare, including:

     (i) Transportation for medical treatment, hospitalization or social services;

     (ii) Temporary shelter;

     (iii) Meals;

     (iv) Clothing;

     (v) Hospitalization to treat mental or acute illness or other medical care; and

     (vi) Guidance, counseling and other social services.

     (c) Resettlement costs, including:

     (i) Utility or housing deposits; and

     (ii) Basic household goods, such as cookware or blankets.

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     The following sections of the Washington Administrative Code are repealed:

WAC 388-280-1010	Purpose.
WAC 388-280-1020	Definition.
WAC 388-280-1030	Application.
WAC 388-280-1040	Repaying repatriation assistance.
WAC 388-280-1050	Safeguarding information.
WAC 388-280-1060	Referral to other agencies.
WAC 388-280-1070	Income and resources.
WAC 388-280-1080	Eligibility.
WAC 388-280-1090	Client responsibilities.
WAC 388-280-1100	Department responsibilities as the port of entry state.
WAC 388-280-1110	Department responsibilities as the final destination state.
WAC 388-280-1120	Unattended minors.
WAC 388-280-1130	Scope of services.
WAC 388-280-1140	Time limits on benefits.
WAC 388-280-1150	Payment limits.
WAC 388-280-1160	Assistance payment--Types of payments.

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